Malfunction Theory Nixed In Suit Over Fatal Pa. Fire

Law360, New York (October 7, 2009, 5:45 PM EDT) -- Pennsylvania's Supreme Court has affirmed a victory for a spark detection system manufacturer in a product liability suit over a deadly particleboard plant fire, ruling that the plaintiffs can't rely on a malfunction theory because they hadn't shown that the defective condition existed prior to the accident.

The ruling, handed down Oct. 2 and published Wednesday, affirmed summary judgment in favor of GreCon Electronics Inc., which provided a spark detection system to Allegheny Particleboard Inc. in 1991 for use in its Mount Jewett, Pa., particleboard manufacturing...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.